Buyers rarely purchase real property without concurrently procuring a loan, secured by the acquired property, to fund most of the purchase price. The structure, negotiation and documentation of a real property secured loan is therefore an integral part of the purchase and sale process.

In certain commercial and residential property loan transactions, borrower's counsel is called upon to render a formal legal opinion concerning various matters pertaining to the borrower, the property, the loan transaction and the loan documents. By way of summary, borrower's counsel's opinion letter may cover such issues as:

• The lawful existence and good standing of the borrowing entity;
• The authority of the parties signing the loan documents to bind the borrower;
• The absence of any legal proceedings involving the borrower which might adversely affect the property or the borrower's ability to pay the loan;
• The absence of any contract, law or regulation to which the borrower is bound that would preclude the borrower from entering into or satisfying the loan;
• The validity and enforceability of the loan documents;
• The loan not being usurious; and
• The property being in compliance with various environmental, zoning and other pertinent land use laws.

Contact us today for an evaluation of your financing transaction.